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chezzymann

Banned
Oct 25, 2017
4,042
So according to some of y'all if I shave my mustache and accidentally forget the middle and say "I look like hitler lol" I should go to jail and am a neo nazi? That's stupid
 

Deleted member 888

User requested account closure
Banned
Oct 25, 2017
14,361
Hmm, swing and a miss.

I wonder how that fitted with the court case then. I'd have figured he'd have had legal advice that the above stuff from the CPS was what the courts and the CPS would be looking at. The judgement itself doesn't seem to have been posted online (at least I can't find it) so there's not much to go on from that perspective.

Probably why it was stuck in the courts for two years and kept going to a delay/retrial.

At this point, it appears it isn't an actual hate speech charge, but "grossly offensive" under the communications act. The charge has obviously stuck, it's the sentence that needs to be carried out now.

Hate speech charges tend to be 12~24 months in jail, it seems the communications act is more ~6 months

  • 2017: R v Mwaikambo where a 43-year-old man posted one video and seven pictures of a victim of the Grenfell Towers tragedy to his Facebook account. Notable in this case was the rapidity of conviction: the fire occurred on 14 June and the case was heard but two days later. Mwaikambo was imprisoned by Ikram J for a total of three months.[16][17]

The Communications Act 2003 section 127, see Stones 8.30110B, covers the sending of improper messages. Section 127(1)(a) relates to a message etc that is grossly offensive or of an indecent, obscene or menacing character and should be used for indecent phone calls and emails. Section 127(2) targets false messages and persistent misuse intended to cause annoyance, inconvenience or needless anxiety; it includes somebody who persistently makes silent phone calls (usually covered with only one information because the gravamen is one of persistently telephoning rendering separate charges for each call unnecessary).

If a message sent is grossly offensive, indecent, obscene, menacing or false it is irrelevant whether it was received. The offence is one of sending, so it is committed when the sending takes place. The test for "grossly offensive" was stated by the House of Lords in DPP v Collins[2006] 1 WLR 2223 to be whether the message would cause gross offence to those to whom it relates (in that case ethnic minorities), who need not be the recipients. The case also said that it is justifiable under ECHR Art 10(2) to prosecute somebody who has used the public telecommunications system to leave racist messages.

A person guilty of an offence under section 127 CA 2003 shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine or to both. This offence is part of the fixed penalty scheme.

https://www.cps.gov.uk/legal-guidance/communications-offences
 
OP
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EightBitNate

EightBitNate

Banned
Nov 2, 2017
1,644
Yeah some people don't really have problems with not being offensive to people.

I know that's hard to grasp for a lot of others though.



It's not any kind of joke. It's the Nazi salute that was then filmed as a "laugh".

I get that you're saying it could be a slippery slope, but the court is pretty clear that if it was an army salute or anything like that it wouldn't have been an issue.

It's a pug giving a Nazi salute though. I can't really see how it wouldn't be a joke, unless you genuinely believe he's indoctrinated his dog.
 

Deleted member 835

User requested account deletion
Banned
Oct 25, 2017
15,660
Don't bother with false equivalency bullshit.


Freedom of speech doesn't mean freedom from consequences for your speech, just freedom from governmental interference with your speech.

That's why America is like it is right? Far Right marches, LGBT+ being treated like shit, KKK walking about etc etc
 

Heisenberg726

The Fallen
Oct 28, 2017
1,065
It's honestly kind of worrisome how many people agree with this verdict. That signals to me that the people posting this comic:
4934137f-a3b5-459f-a0f7-88df90eecfac.jpg


never really believed it. You can't mock "freeze peach" and then turn around and be cool with government intervention. Social consequences, employment consequences, etc; all fair game. But legal consequences for an offensive joke? Nah, fuck that.

This is not incitement, it's a dipshit doing a bad routine. Though I'll admit I laughed at the absurdity in the same way I laughed at that one dude that taught his friend's dog to associate "Wanna go for a walk" with the words "Child porn!"

Edit: And before anyone says anything, yes I know that comic as about America. The idea still applies.

I agree absolutely. Let the people decide if something's offensive or not, not the courts. Anyone who agrees with the verdict yet shared that comic is a hypocrite.
 

Sedef122

Member
Nov 7, 2017
391
eh. he wouldn't have been found guilty of this in america.

if that's how the country chooses to interpret i'll accept it.

arrested over a dumb youtube video.
the true irony is now that he has a criminal record it will be hard for him to get a visa to leave the country to somewhere that might tolerate his black comedy more, and he's stuck in the country he's in.

edit: edited post because of merge

It is not Fucking "black comedy", referring to it as such misses the point completely. It is an abhorrent act masquerading as a joke, there is a huge difference between actual humour and hate speech and it is about time people like you understood that.
 

Deleted member 11413

User requested account closure
Banned
Oct 27, 2017
22,961
It's sure funny coming from a country that criminalized people for being communistic (real or not).
Which was a violation of peoples' rights. The US government wrongly violates the rights of its citizens everyday, that doesn't change the fact that those rights are constitutionally protected and should be fought for
 

Ralemont

Member
Jan 3, 2018
4,508
Yeah some people don't really have problems with not being offensive to people.

I know that's hard to grasp for a lot of others though.

I guarantee you that you have offended people in your life and not cared.

What is and is not offensive varies from person to person, especially when it concerns humor. This guy's no Dave Chappelle, but it is clearly meant to be a joke with no real meaning behind it. This is apparently backed up by his utter lack of white nationalist tendencies outside of this video (if this is mistaken, and he actually is, then this changes things).

It is not Fucking "black comedy", referring to it as such misses the point completely. It is an abhorrent act masquerading as a joke, there is a huge difference between actual humour and hate speech and it is about time people like you understood that.

Was this video produced with the intent to hate on Jews or take on a "hitler was right" stance?
 

KHarvey16

Banned
Oct 27, 2017
9,193
Are you a minority? Do you think you would enjoy being one of the minorities target by a group of racists spewing filth outside your door and in your neighboured? What good exactly do you think that does?

The alternative you've created is one where instead of knowing who the assholes are, you just don't get a job or a cab or one of the millions of other systemic, quiet shitty things bigots do. And it stays that way because everyone pats themselves on the back about how there's no more racist videos or blog posts.

The problem is that combating all of this takes time and will always take time. People will yell and shout disgusting things. It's not fun but this starts the ball rolling and the alternative is worse.
 

Deleted member 888

User requested account closure
Banned
Oct 25, 2017
14,361
And hate speech violates the constituation rights of people and the role of the state is to protect those rights.

This doesn't appear to be a hate speech charge, the charge is "grossly offensive" under the communications act. Before anyone says what is the difference, well as above you can see the communications act is up to 6 months in jail, hate speech laws cover other acts that can have 10m+ jail sentences.
 

Deleted member 13364

User requested account closure
Banned
Oct 27, 2017
1,984


Recommend watching his debate with Destiny. I think this guy might be one of the stupidest people Destiny has "debated".
 

Deleted member 135

User requested account closure
Banned
Oct 25, 2017
11,682
That's why America is like it is right? Far Right marches, LGBT+ being treated like shit, KKK walking about etc etc
And they burn in the light of day. It's better to let them expose themselves than force them into the shadows where they can fester.

The only positive to the Trump presidency is that it has ripped the bandage off of the old wounds of the United States and exposed the rotting flesh so it can now be cut away.
 

De Amigo

Member
Dec 19, 2017
480
I guarantee you that you have offended people in your life and not cared.

What is and is not offensive varies from person to person, especially when it concerns humor. This guy's no Dave Chappelle, but it is clearly meant to be a joke with no real meaning behind it. This is apparently backed up by his utter lack of white nationalist tendencies outside of this video.



Was this video produced with the intent to hate on Jews or take on a "hitler was right" stance?
HE AND HIS FRIENDS TRIED TO DEPORT PEOPLE.
 
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Volimar

volunteer forum janitor
Member
Oct 25, 2017
38,357
It's too bad that the Hitler Reacts meme has faded. I'd like to see one done about this.
 

Principate

Member
Oct 31, 2017
11,186
The alternative you've created is one where instead of knowing who the assholes are, you just don't get a job or a cab or one of the millions of other systemic, quiet shitty things bigots do. And it stays that way because everyone pats themselves on the back about how there's no more racist videos or blog posts.

The problem is that combating all of this takes time and will always take time. People will yell and shout disgusting things. It's not fun but this starts the ball rolling and the alternative is worse.
The alternative I've created is that I don't have to fear for my life because of racist abuse. You would think a country with blatantly corrupt and racist police force that murders it's citizens with no repercussions (and the country at large is fine with this) and treats members of it's society as second class citizens wouldn't be sitting on a high horse dictating how poor another countries treatment racist actions but here we are.

The proof is in the pudding that stats speak for themselves.
 

excelsiorlef

Bad Praxis
Member
Oct 25, 2017
73,316
And they burn in the light of day. It's better to let them expose themselves than force them into the shadows where they can fester.

The only positive to the Trump presidency is that it has ripped the bandage off of the old wounds of the United States and exposed the rotting flesh so it can now be cut away.

Dude they don't burn in the light of day. They grow like plants because they feed on the light.
 

MazeHaze

Member
Nov 1, 2017
8,577
User Warned: Assuming the opinion of others based on their avatar.
I'm reminded of the quote "the line between doing a nazi salute as a joke, and doing one for real is irrelevant."

Are we at the part of the thread where the anime avatars argue in bad faith yet?
 

Thatonedice1

Banned
Oct 27, 2017
4,112
Working on that also.
It should be pretty obvious, but I feel like a lot of people are missing the point lately. When the words are used to incite hatred, cause violence and make people want to actually do these things, then yes, it's hate speech. Making a dog react to comments is VERY clearly a joke. Especially when prefaced by him SAYING IT'S A JOKE. He didn't ask or make anyone watching do anything. They just laughed or clicked off the video. Like they were meant to. Not take him to jail. It's super obvious when someone is trying to spread hate, and this was definitely not it.

Except to me I believe this guys intention was indeed to spread hate. A hate speech rally is also a voluntary thing to attend. No one is forcing anyone to go but they happen all the same similar to this guys video. Also I've said before that I don't agree with prefacing hate speech as a joke negates the speech said. Someone posted a video of john cleese a while ago saying that these are similar situations that can be seen as jokes however I disagree. John Cleese didn't have to preface this by saying it's a joke because it's understood to be one by the context of the scene and setting. No one believes he is advocating for nazism because he is being a all around silly man. However the context of this video is completely different. I am glad we agree that what he said was in bad taste but that doesn't mean someone isn't agree that they should gas the jews. Also I have to leave for a alittle while at this point but would like to continue talk about this. It's been a fun conversation.
 

Driggonny

Member
Oct 26, 2017
2,170
And they burn in the light of day. It's better to let them expose themselves than force them into the shadows where they can fester.

The only positive to the Trump presidency is that it has ripped the bandage off of the old wounds of the United States and exposed the rotting flesh so it can now be cut away.
It's fascinating that this argument is still a thing. Look around you dude.
 

ahoyhoy

Member
Oct 25, 2017
4,319
Context. You are comparing satirical TV comedy with a "joke"from an outspoken anti-gay, anti-muslim, anti-feminist, anti-"PC", alt-right asshole.

He said he was joking though. Just because it's a shit joke doesn't make it illegal. Was he convicted because people thought he was serious? What would that mean? He was serious about promoting Nazi ideology through teaching a dog the salute?
 

syllogism

Member
Oct 25, 2017
88
It's worth noting that based on my reading the communications act 2003 section 127 was primarily intended to cover private phone calls and emails, that is to say one-to-one communications. It was said to be used as an alternative offence for cyber bullying, cyber stalking and hate crimes, rather than to deal with grossly offensive communications more broadly.
 

Deleted member 2145

User requested account closure
Banned
Oct 25, 2017
29,223
It seems pretty clear to me what that poster meant. Not saying I agree personally, but many people in this thread seem to share a similar belief articulated a little more concisely.

yes it was clear and an adequate response can be "ummmm, wtf" or any variation of that

that was my response when reading that post I just didn't reply
 

Alimnassor

Banned
Oct 25, 2017
773
This is bullshit and should have been laughed out of court. This sets up such a bad precedent legally, not just for the UK, but any commonwealth country. Disgusting. Now people will be going to jail for jokes. What has this world come to...
Good. Sets an example that White Supremacists and Nazis are scum and will be jailed. I hope they throw him in a dark cell and never let the nazi fuck out.
 

Ketkat

Banned
Oct 25, 2017
4,727
And they burn in the light of day. It's better to let them expose themselves than force them into the shadows where they can fester.

The only positive to the Trump presidency is that it has ripped the bandage off of the old wounds of the United States and exposed the rotting flesh so it can now be cut away.

Did you guys really not realize that all the hateful people were out there before Trump was president? You can't be serious right now, they've been in the public eye the whole time. And I'm not sure how you think that they're going away in the slightest
 

Deleted member 835

User requested account deletion
Banned
Oct 25, 2017
15,660
And they burn in the light of day. It's better to let them expose themselves than force them into the shadows where they can fester.

The only positive to the Trump presidency is that it has ripped the bandage off of the old wounds of the United States and exposed the rotting flesh so it can now be cut away.
It will never be cut away sadly, racism/ bigotry is too entrenched in American society. People can get away being racist/bigots by simply saying something goes against their religion or views.
 

Vas

Banned
Oct 25, 2017
4,016
While the United States has severe problems in almost every way, I do have an appreciation for our Freedom of Speech. I don't know what the price we pay for this might be, but in the grand scheme of things, we always keep moving in the right direction, slowly but steadfastly. You younger members think things are bad, you should have heard how people in the early 90's talked about gay people then. Take the worst 5% of opinions about gays today, and that was the mainstream. We didn't have to throw people in jail to change these attitudes.

However, if you are happy with this, then it's your country and I'm sure it won't hurt things too bad. But, my concern is that it might not seem so nice if somebody with whom you disagree were to become the arbiter of what is offensive and what is not. 12 months for saying Apostle Paul was a charlatan wouldn't be so peachy.
 

Deleted member 135

User requested account closure
Banned
Oct 25, 2017
11,682
Oct 29, 2017
4,054
This basic violation of our most sacred human right couldn't have happened to a nicer guy
I'm not sure what your intention was but I'm more thinking that the actual punishment matters. ASBO? Sure. Fine? Fine. Community service in a Jewish neighborhood? Amazing.

Prison? Too far.

If he was going around actually advocating these things, it'd be very different (as would what he's been found guilty of).
 

Ponn

User requested account closure
Banned
Oct 26, 2017
3,171
Zero self awareness, you do realize you're claiming a dogowner teaching his pet to do the nazi salute going unpunished will somehow lead us down a path towards a dsystopian future? Absolutely hilarious.

Yes I'm claiming that instance completely on its own without any other context to what's going on in social media platforms and YouTube is going to cause a dystopian future. Yup. Critical thinking is hard.

Side note I absolutely love all the people in this thread trying to minimalize what he did to just dog tricks leaving out the exact phrases he used. Cute.
 

Principate

Member
Oct 31, 2017
11,186
And they burn in the light of day. It's better to let them expose themselves than force them into the shadows where they can fester.

The only positive to the Trump presidency is that it has ripped the bandage off of the old wounds of the United States and exposed the rotting flesh so it can now be cut away.
There's nothing to expose when almost half your voting population agrees is or is fine with it. That's the status quo not some rare occurrence.